While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.
Medical Malpractice State Laws In The United States
Only two states, New Mexico and New York, do not have provisions regarding medical or preview panels in medical malpractice cases.
Twenty-seven states require alternative dispute resolution such as arbitration, mediation, and/or settlement conferences in medical malpractice cases.
Seventeen states require medical malpractice cases be heard before a screening panel before trial.
Twenty-two states have requirements regarding the filing of an affidavit or a certificate of merit in medical malpractice cases.
Thirty-one states have requirements regarding the minimum qualifications for experts who testify in medical malpractice cases.
Thirteen states have patient compensation or injury funds for medical malpractice claims.
Thirty states permit or require periodic payments of damages in medical malpractice cases (laws in Alabama, Arizona, Arkansas, Georgia, and New Hampshire have been held to be unconstitutional).
Twenty-eight states place limitations on the amount of attorney fees in medical malpractice cases (twelve states have sliding attorney fees schedules).
Twenty-seven states allow joint and several liability in medical malpractice cases – eighteen states have several liability, seven states have modified several liability, and one state (California) has modified joint liability. The District of Columbia (Washington, D.C.) has joint and several liability for compensatory damages but several liability for punitive damages.
Fourteen states do not have limits or caps on allowable damages in medical malpractice cases but other states impose a limit or cap. Two states (Connecticut and Minnesota) do not have limits or caps but they do allow a judge to review the amount awarded by jury.
All states have statutes of limitations regarding medical malpractice cases with thirty-six states having special provisions for medical malpractice cases involving minors and twenty states having special provisions for foreign objects in medical malpractice cases.
Thirty-six states have laws regarding the allowance of apologies made by medical providers in medical malpractice cases.
CLICK ON A STATE BELOW TO LEARN ABOUT ITS MEDICAL MALPRACTICE LAWS:
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia